MINUTES
CHARLESTOWN PLANNING BOARD
SEPTEMBER 7, 2004
Members Present: Robert Frizzell – Chair; Sharon Francis – Vice-Chair; Steven Neill, Ex-Officio, Gail Fellows, Fred Poisson, David Sussman, Roger Thibodeau
Alternates Present: Eric Lutz, Linda Stewart
Staff Present: David Edkins – Planning & Zoning Administrator
Regina Borden – Recording Secretary
CALL TO ORDER & SEATING OF ALTERNATES: Chairman Robert Frizzell called the meeting to order at 7:00 P.M. He noted that the full board was present at this meeting therefore the seating of alternates was not necessary.
APPROVAL OF MINUTES OF AUGUST 17, 2004:
Gail Fellows moved to approve the Minutes of the August 17, 2004, meeting as printed. Sharon Francis seconded the motion. With seven members in favor, the minutes were approved.
VICTOR R. & NANCY J. ST. PIERRE, Cont’d – Fifteen (15) Lot Subdivision – Great Country Road – Map 3, Lots 17 & 18 – Zone E (Mixed Use): Victor St. Pierre had submitted a set of plans as follows: 1) Metes and bounds; 2) reduced copy of the subdivision plan that is going to the State with test pit data and the road layout plan view; 3) the water line that comes off Great Country Road; 4) a plan view with the contours without all of the data for the subdivision property lines; 5) electric and utility plan; and 6) profile views. Mr. St. Pierre met with the Selectboard last Wednesday. All of the surveying is not finished, as there will be a survey of the Great Country Road to Route 12-A. Mr. Thibodeau felt that the Planning Board should receive larger
plan copies, as the smaller ones are difficult to read. There were four full sized copies of the St. Pierre plans, all available at this meeting and some were distributed to Department Heads for their review and comments but the plans were not received until last Friday.
Mr. Edkins advised that the Selectboard looked at the road most of which is 50’ wide but one small section, about 140’, is 33’ so does not meet the Town specs. The Selectboard referred this question of width to the Highway Advisory Board and their recommendation was that it should be 50’ wide for the entire length. There are other roads in Town that are about 33’ wide including the River Road that gives access to this proposed development. The Selectboard made a decision that they should have a good plan of the Great Country Road right-of-way and asked Mr. St. Pierre to provide that. Mr. Edkins noted that the Selectboard cannot vote to upgrade the road to Class 5 from Class 6 unless it shows on a subdivision plan as approved by the Planning Board. Dave Duquette
reviewed and approved the plans for the water engineering as submitted. Keith Weed, Highway Superintendent, is reviewing the plans but has not completed his report. There were no abutters present at this meeting.
Mr. Poisson moved to accept this application as complete as presented. Mrs. Francis seconded the motion.
Mr. Sussman said this is based on the fact that the Board has Mr. Duquette’s approval for the water system and Mr. Weed is looking at the road issues. Mrs. Francis feels that lot #12 is a back lot but lot #7 is not in back of other lots so it needs a Variance. Mr. Frizzell said it should be noted on the record that the Planning Board is waiving this requirement on the back lot.
With seven members in favor, the motion was approved.
CHARLESTOWN BIBLE CHURCH, Cont’d – New Public Assembly Building (Church) – Hammond Road – Map 20, Lot 28-4 – Zone F-2 (Industrial/Business): Mr. Becker advised that there are a few superficial changes on the plans such as the addition of decorative moldings on the building, etc. One copy of the sketch was left for the files. The steeple will be 7’ higher than originally submitted or 45’ high but it is still within the 50’ maximum allowed by the regulations in the Industrial Zone. In response to a question from Mrs. Francis on the removal of vegetation, Mr. Bascom explained the landscaping noting that the steep part of the lot will not be touched at all.
Mr. Poisson moved to grant final approval of the site Plan. Ms. Fellows seconded the motion. Mr. Edkins advised that Mr. Becker is looking for approval of both phases of the building even though they will be built at different times. He will only need to come back before the Board if there are changes to the plans. With seven members in favor, the site plan was approved.
JOHN M. BAKUNAS – Two (2) Lot Subdivision – 98 Meany Road – Map 34, Lot 46 – Zone E (Mixed Use): Tom Dombroski was present to represent Mr. Bakunas. There were no changes to the plans. No abutters were present.
Ms. Fellows moved to grant final approval of the subdivision. Mr. Poisson seconded the motion. With seven members in favor, the subdivision was approved.
OLD CLAREMONT REALTY TRUST – Convert Existing Single Family Residence to Office, Showroom and Apartment – 792 Old Claremont Road – Map 22, Lot 94-2 – Zone E (Mixed Use): Mr. Zedah presented revised plans indicating that they were going to continue to use the same water line and existing driveway for now. If the front lot should be developed in the future, the water line and driveway may be relocated.
Mr. Poisson moved to grant final approval of the site plan. Mr. Sussman seconded the motion. With seven members in favor, the site plan was approved.
WAYNE KENNETT – Preliminary Consultation Re: Potential Two (2) Lot Subdivision – 740 Meany Road – Map 37, Lot 12A – Zone E (Mixed Use): Mr. Edkins advised that Mr. Kennett had originally requested a preliminary consultation for the August 17th meeting but then asked that it be postponed until this meeting. Mr. Kennett was not in attendance, therefore, Mr. Frizzell suggested that the Board pass over this item to see if he comes in later.
ROBERT & JOANIE DAVIS – Three (3) Lot Subdivision – Acworth Road – Map 34, Lot 41 – Zone E (Mixed Use): Mr. Davis advised that the subdivision will result in three lots as follows: Lot #1 - 11.03 acres, Lot #2 - 11.03 acres and Lot # 3 -13.49 acres where the existing house is located. There is a State approved septic system for lot #2. They did a test hole for lot #1. All the wetlands were delineated. The surveying was done on the road, there is a cul-de-sac and the grade of the road is well under 10%. They are considering the center lot as a back lot. Mr. Edkins felt that the Planning Board should develop some better language on back lots in the subdivision regulations, especially when cul-de-sacs are involved. There was discussion
relative to the radius of the cul-de-sac. Mr. Davis has it laid-out as 60’. Mrs. Francis asked where the dwelling would be built on lot No. 3? Mr. Davis said on top of the knoll. Mr. Frizzell asked what the width of lot No. 1 will be where the house will be built? Mr. Davis responded about 180’.
The Planning Board took a recess from 7:50 to 7:55 P.M.
Mr. Davis said the road would be paved tomorrow. Mrs. Francis asked if the road is ditched on one side? Mr. Davis responded that it is ditched on both sides. Mr. Davis’ road is coming off the Acworth Road; the grade at the intersection is 6.5%. Mr. Edkins advised that the regulations state 5% within 50’ of the intersection. Keith Weed is looking at this roadway. Mr. Davis advised that Mr. Weed did the test pit test this afternoon.
Mr. Poisson moved to accept this application as complete subject to the statement of approval from Keith Weed. Ms. Fellows seconded the motion. With seven members in favor, the motion was approved.
Ms. Fellows noted that the Planning Board would need two waiver requests before the next meeting. Mr. Edkins responded that the Board usually does not require waiver requests for a three-lot subdivision.
OLD #4 ROD, GUN & SNOWMOBILE CLUB, INC. – 25’ X 30’ Equipment & Trail Maintenance Building – Off Old Claremont Road – Map 25, Lot 2 – Zone E (Mixed Use): Steve Neill stepped off the Board as he is a member of the Old #4 Rod, Gun & Snowmobile Club, Inc. Brenda Ferland replaced him for this agenda item.
Brian Howard and Shawn Davis were in attendance representing the Old #4 Rod, Gun & Snowmobile Club, Inc. Brian Howard advised that the proposed maintenance building will be 25’ wide x 30’ long and used for trail grooming equipment, trails material (signs & posts), tools, hardware, fuel and oil. It will have a wood stove for heat. In August or September they begin to repair the equipment; the snow season runs for about 6-to-10 weeks. Mr. Howard showed some photos and provided explanations of the location of the proposed building in relation to the shooting range. The concern appears to be safety at the 50-yard target. There was curiosity from some neighborhood kids so they opened that up for better visibility. The berms are mostly soft sand and absorb the impact
pretty well. All targets are now paper or biodegradable rather than the metal ones. Mr. Edkins explained that this application is marginal as to whether it needs Site Plan Review because this is an accessory building. Bob Rivard initially issued a Building Permit for this building; Mr. Edkins had some calls from members that were concerned with regard to the location of the fire range. The only real issue is if this building is a safe distance from the firing range. Mr. Edkins and Police Chief Smith looked at the site. Chief Smith didn’t have a problem with it from a ricochet issue but he suggested asking someone from the Police Academy with more expertise to come down to look at it and get suggestions. The concern is for people going in or coming out of that building because of the range. Abutters were notified by certified mail but none were present.
Bob Stone said his concern is safety. He personally thinks they have a better spot for the building; it can be made safe. He suggested closing off the area where the cement truck came in when it is no longer needed for the building; someone could be walking where people are shooting. Shooting takes a lot of concentration and they are not always aware of people walking near-by. Shawn Davis, Trail Master, responded that they did talk about closing that opening up and to make the berms as high as needed to keep bullets from the area. Members voted for this location months ago and they can make it safe enough.
Brenda Ferland noted that in the interior of the building there is a hole in the floor - will they be changing oil? Mr. Davis said “no” the hole was intended for snowmelt. Mr. Poisson noted that when a building includes a floor drain there are state regulations that must be followed.
Fred Poisson would like to see better plans, on some kind of scale, diagram with dimensions, so everyone can understand it. Mr. Sussman said the plans should show all the safety issues such as berms. Mrs. Francis said it should include the edges of the property, street names, fence, etc.
Ms. Fellows questioned the lighting on this building. Mr. Howard said there would be one or two spotlights to illuminate that whole area. Mr. Edkins noted that there is a dense wooded area between that area and the neighbors. Mr. Davis indicated that they could be in that building at all hours depending on the equipment repairs, weather conditions, temperatures, etc.
Fred Poisson moved to table this application until the September 21st meeting to allow time for receipt of a revised plan and time for the Police Academy expert to view the area and make recommendations. Ms. Fellows seconded the motion. With seven members in favor, the motion was approved.
Steve Neill returned to his seat on the Board.
MAP # 20, LOT # 28 – TED LUCIER: Ted Lucier contacted Dave Edkins last week to ask if Lots # 1 and # 2 in the Pickul subdivision could be merged into a single lot. The third residential lot would remain as is. He would like to eliminate the requirement to extend the water line to each lot, as it is too expensive and he has requested that the Board waive that requirement; the lots will have on-site wells instead. He would submit a voluntary merger form for the two lots if the Board would waive the water line extension.
Mr. Sussman moved to approve the Voluntary Merger of Lots No. 1 and 2 in the Pickul subdivision with the understanding that they will be served by on-site wells. The Town water extension requirement will be rescinded. With five members in favor, the motion was approved. Ms. Fellows and Mr. Neill abstained, as they felt that it was too quick to make a decision.
PLANNING, POLICY & REGULATORY ISSUES:
Master Plan: Mr. Edkins advised that Tara Bamford is available to meet with the Planning Board for a special meeting on Thursday, September 23rd to review the chapters presented on the Master Plan. Some comments were received from Jan Lambert on the Natural Resources chapter and they were distributed at this meeting. The Conservation Commission received the chapter on the Natural Resources for their comments. Mrs. Francis passed out copies of a summary based on the 1996 Housing Chapter that she and David Sussman had worked on.
Fred Poisson: Fred Poisson stepped off the Board. Mr. Edkins sent a notice to Mr. Poisson with regard to the compliance issues with regard to his used car sales lot at 24 Sullivan Street. Mr. Poisson responded on August 30th, 2004. Right now there appears to be compliance with the number of vehicles but there is a shrub issue. Mr. Poisson responded that the accumulation of snow and salt killed the evergreen shrubs that were planted in the spring of 2000 and he has not yet replaced them. Mr. Poisson said there are two shrubs on the original plan along the front from the driveway to the fence. Mr. Edkins feels that it was the intent of the Board to have five or six shrubs. The original wording of the conditions said 3’ high evergreen shrubs at 10’
intervals along the Sullivan Street frontage. Mr. Edkins measured about 51’+/- of railing and then there is the other driveway. It was agreed that Mr. Edkins and Mr. Poisson would meet to make a decision on the shrubs. There was a general consensus of the Planning Board that no action was needed as long as Mr. Poisson is agreeable to complying with the replacement of the shrubs and will limit the number of “for sale” vehicles to 20.
Mr. Poisson returned to his seat on the Planning Board.
Whelen Property: Mrs. Francis asked if the septic system residual materials were removed on the Whelen property? Mr. Edkins responded that the material has not been removed. He talked to several people at the State level and there is a general agreement that it can be buried on its own site but not be disposed of off-site without a permit. This material does not pose a health or environmental hazard. Normand Beaudry has been working with the State and, at their suggestion, the material is being tested by Eastern Analytical; the Town is awaiting the test results. This is a State regulated matter and they are aware of the Town’s situation. If it is not hazardous or toxic there is no violation of the Town’s Drinking Water Protection District regulations. Mrs.
Francis asked Mr. Edkins to keep the Board informed of the results.
Yard Sales: Mr. Frizzell mentioned that there appear to be a few permanent yard sales in Town. One is on the Old Claremont Road. Mr. Edkins said this is on his list of enforcement issues to address.
Sullivan Street: Mr. Frizzell noticed a new heating oil business sign on Sullivan Street. Mr. Edkins said it is a small office but the new sign needs to be approved.
Mr. Westine: Ms. Fellows advised that Mr. Westine now has four or five vehicles that are unregistered. Mr. Edkins will bring this to the attention of Mr. Rivard.
Ox Brook Road: Ms. Fellows reported that Fred St. Pierre is selling wood off his property on Ox Brook Road. There was discussion relative to selling his own wood only and he is aware of this. If it is harvested on his property it is okay. Mr. Edkins will look into this.
ADMINISTRATION & CORRESPONDENCE:
Mr. Edkins advised that the following correspondence was received:
· A brochure was received relative to the 29th Annual 2004 Municipal Law Lecture Series to be held at various locations. This is sponsored by the Local Government Center. If any Board members would like to attend they should fill out the registration form and return to Mr. Edkins. The Town will pay the registration fees.
· There will be a Forest Laws Workshops for Municipal Officials on October 12, 2004 in Jaffrey, NH and on October 14, 2004 in Pembroke, NH. If any Board members are interested they may contact Mr. Edkins.
There being no other business, Ms. Fellows moved for adjournment. Mr. Thibodeau seconded the motion and, with seven members in favor, the meeting adjourned at 9:20 P.M.
Respectfully submitted,
Regina Borden, Recording Secretary Minutes Filed: 9-13-04
(Note: These are unapproved minutes. Corrections, if necessary, may be found in the minutes of the September 21st, 2004, meeting.)
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